HOUSE 


No.  15. 


DOCUMENTS 

RELATING  TO 

THE  STATE  PRISON. 


1850. 


13N3S  L 


^4>5 

82, 

\  /i>  O 

[Jan.  1851.]  HOUSE— No.  15. 


©ammontoraltij  of  JWasssacljusetts. 


*0=^ 

<U 


To  His  Excellency  the  Governor  and  the  Honorable  Council. 


r» 


h 


r 

A 


X 

o 

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The  board  of  inspectors  of  the  State  prison  in  Charlestown, 
appointed  under  the  provisions  of  the  thirty-seventh  chapter  of 
the  acts  of  1850,  though  their  duties  are  not  defined  in  the  said 
act,  nor  by  reference  therein  to  pre-existing  laws,  have  consid¬ 
ered  that  the  Legislature  must  have  intended  that  they  should 
assume  the  duties  which  by  law  were  assigned  to  the  inspectors 
of  the  prison,  appointed  under  the  provisions  of  the  144th  chap¬ 
ter  of  the  Revised  Statutes,  and  have  governed  themselves  ac¬ 
cordingly. 

As  required  by  the  eleventh  section  of  that  chapter,  they  re¬ 
spectfully  submit  this  Report. 

They  cannot,  as  the  result  of  their  own  observations,  make  a 
detailed  statement  of  the  concerns  of  the  prison  for  the  year 
now  past,  as  it  is  less  than  five  months  since  the  date  of  their 
appointment. 

The  prison  has  been  visited  every  week  by  one  of  their  num¬ 
ber,  and  monthly  meetings  of  the  board  have  been  held  at  the 
prison,  as  required  by  law. 

The  duties  of  their  office  being  new  to  each  member  of  the 
board,  they  have  deemed  it  prudent  to  avoid  hasty  innovations 
on  the  system  which  they  found  established,  and  before  they 
proposed  changes,  to  ascertain  by  experience  and  observation 
the  operation  of  the  code  of  “  rules  and  regulations,”  which  by 
authority  of  law,  their  predecessors,  with  the  approval  of  the 
Governor  and  Council,  had  established,  “for  the  direction  of 
the  officers  of  the  prison  in  the  discharge  of  their  duty,  the  gov¬ 
ernment,  employment  and  discipline  of  the  convicts,  and  for  the. 
custody  and  protection  of  the  public  property.”  The  board 
have  not  therefore  proposed  to  the  executive  any  alterations  in 
the  “rules  and  regulations”  which  they  found  in  force  when 
they  were  appointed. 


4 


STATE  PRISON. 


[Jan. 


Upon  their  first  official  visit  to  the  prison,  the  members  of  the 
board  were  much  surprised  by  an  inquiry  from  the  warden, 
whether  he  could  with  propriety  allow  friends  of  the  convicts 
or  other  persons  from  without  the  prison,  to  visit  and  converse 
with  them.  He  had  found  such  a  usage  in  existence  when  lie 
entered  on  the  duties  of  his  office,  and  sought  the  advice  of  the 
board  on  the  subject. 

The  Legislature  had  enacted,  (Rev.  Stat.  chap.  144,  §  33) 
that  <c  no  communication  shall  be  allowed  between  them,  (the 
convicts)  and  persons  without  the  prison.”  And  the  regulations 
established  by  the  inspectors,  with  the  approval  of  the  governor 
and  council,  had  provided,  (Inspector’s  Regulations,  ^rt.  VII, 
§  10,)  that  “no  convict  shall  be  permitted  to  write,  or  send 
to,  or  receive  from,  any  person,  any  letter  or  thing  whatever, 
nor  shall  there  be  any  intercourse  between  the  convicts  and 
persons  from  without  the  prison  by  conversation  or  signals.” 

The  warden  was  instructed,  that,  under  the  existing  law,  and 
the  regulations  in  force,  neither  he  nor  the  inspectors  could  ex¬ 
ercise  any  discretion  in  the  premises;  that  it  was  their  duty  to 
enforce  the  law  regulating  the  discipline  of  the  prison,  in  this, 
as  well  as  in  all  other  respects,  and  that  his  failure  so  to  do 
would  be  regarded  as  an  omission  of  duty,  which  it  would  be 
incumbent  on  the  board,  in  obedience  to  the  statute,  to  report 
to  the  governor  and  council. 

The  provisions  of  the  law  and  the  regulations  of  the  inspec¬ 
tors  in  this  behalf,  have  since  been  rigidly  enforced.  Some  of 
the  convicts  at  first  were  much  dissatisfied  that  they  should  be 
deprived  of  an  indulgence  to  which  they  had  been  accustomed. 
The  board  deemed  it  proper,  through  the  chairman,  to  ex¬ 
plain  to  the  convicts  assembled  in  the  chapel,  the  reasons  for 
discontinuing  the  usage.  It  is  believed  they  fully  appreciated 
the  justice  of  the  views  taken  by  the  board:  and  they  were 
made  to  understand,  that  it  ill  became  officers  of  the  govern¬ 
ment,  under  oath  to  discharge  their  duties  according  to  law,  by 
their  own  disregard  of  the  law,  to  exhibit  an  example  which 
convicts  confined  in  prison  might  plead  in  extenuation  of  their 
violations  of  law.  The  importance  which  has  been  attached  to 
this  prohibition  by  the  Legislature  is  apparent  from  the  fact  that 
they  have  enacted  (Rev.  Stat.  chap.  144,  §40,)  that  “  if  any 
officer  or  person  employed  in  the  State  prison,  shall  suiFer  any 


1851.  J 


HOUSE— No.  15. 


5 


convict  confined  in  said  prison,  to  be  visited,  conversed  with,  or 
in  any  way  relieved  or  comforted,  contrary  to  the  regulations 
of  the  prison,  he  shall  be  punished  by  fine  not  exceeding  five 
hundred  dollars/7 

The  experience  of  more  than  four  months  has  demonstrated  the 
fallacy  of  the  position  which  has  sometimes  been  put  forth,  that 
it  is  impossible  to  carry  out  this  regulation,  and  the  discipline  of 
the  prison  has  been  in  no  way  unfavorably  affected  by  enforcing 
the  law.  This  enforcement  has  at  times  been  attended  with  no 
small  trial  to  the  feelings  of  the  warden,  in  cases  where  a  wife, 
a  mother,  or  a  sister,  sometimes  coming  from  a  great  distance, 
has  visited  the  prison,  to  seek  an  interview  with  a  husband,  a 
son,  or  a  brother.  But  though  a  denial  of  the  indulgence  may 
have  aggravated  the  anguish  of  a  heart  already  crushed,  an  ex¬ 
planation  of  the  law  on  the  subject  has  satisfied  the  parties  that 
the  warden  was  only  doing  that  which  his  duty  required. 

By  the  third  section  of  chapter  289  of  the  acts  of  1850,  it  was 
enacted  as  follows:  “The  warden  and  inspectors  of  the  State 
prison  are  hereby  authorized  to  adopt  such  regulations,  in  rela¬ 
tion  to  the  intercourse  of  the  convicts  with  their  friends  from 
without  the  prison,  also,  in  relation  to  the  introduction  of  news¬ 
papers  into  the  prison,  and  in  relation  to  visitors,  as  they  may 
think  necessary  or  expedient,  not  inconsistent  with  the  law  re¬ 
lating  to  the  government  of  the  prison.” 

The  board  have  been  at  a  loss  to  understand  what  was  the* 
design  of  the  Legislature  in  this  enactment.  It  has  been  sug¬ 
gested  that  it  was  intended  to  enable  the  warden  and  inspectors 
to  adopt  more  stringent  regulations  for  the  enforcement  of  the 
law  prohibiting  all  communication  between  convicts  and  per¬ 
sons  without  the  prison;  but  this  could  hardly  be  considered  as 
“  adopting  regulations  in  relation  to  the  intercourse  of  the  con¬ 
victs  with  their  friends  from  without  the  prison;  ”  nor  is  it  easy 
to  perceive  how  “intercourse  can  be  regulated,”  when  “  all 
communication  is  'prohibited .” 

But  a  case  occurred  which  appealed  very  strongly  to  the  sym¬ 
pathies  of  the  warden  and  inspectors.  A  sister  of  one  of  the 
convicts  visited  the  prison,  expecting  to  be  allowed  an  interview 
with  her  brother.  The  privilege  could  not  be  granted  to  her; 
the  reason  was  explained,  and  she  acquiesced  without  com¬ 
plaint.  She  left  a  volume  which  she  had  brought  with  her,  in- 


6 


STATE  PRISON. 


[Jan. 


tended  as  a  present  to  the  brother;  it  contained  portions  of  the 
New  Testament  with  notes.  Not  being  permitted  an  interview, 
she  wrote  in  pencil  on  the  fly  leaf  of  the  book,  a  few  lines  of 
advice  to  her  brother,  couched  in  language  of  sympathy  and 
affection,  such  as  none  but  a  Christian  sister’s  heart  could  have 
prompted. 

This  book,  with  a  statement  of  the  circumstances,  was  laid 
before  the  board  by  the  warden,  for  advice  as  to  its  disposal. 
The  book  might  be  placed  in  the  convict’s  cell,  under  the  third 
section  of  article  VI,  of  the  inspector’s  regulations.  But  by  sec¬ 
tion  ten  of  article  VII,  of  the  regulations,  already  cited,  the  let¬ 
ter  was  expressly  prohibited. 

Ey  authority  of  the  third  section  of  chapter  289,  of  the  laws 
of  1S50,  already  quoted,  the  warden  and  inspectors  adopted  the 
following  regulations : — 

“  The  warden  may,  at  such  time  and  under  such  circum¬ 
stances  as  he  shall  deem  expedient,  make  known  to  the  prison¬ 
ers  the  whole  or  parts  of  any  communications  received  by  him, 
from  their  friends,  from  without  the  prison ;  and  he  may,  in 
like  manner,  make  known  to  such  friends  the  whole,  or  such 
parts  of  communications  made  to  him  by  prisoners,  as  he  shall 
deem  expedient;  and  in  exercising  the  discretion  thus  entrusted 
to  him,  he  shall  have  regard  to  the  character  and  conduct  of 
the  prisoners,  extending  the  indulgence  thus  allowed  only  to 
those,  who,  by  their  correct  deportment  and  obedience  to  the 
rules  and  regulations  of  the  prison,  shall  show  themselves  enti¬ 
tled  to  favor.” 

As  the  authority  seems  to  be  given  unqualifiedly  to  the  war¬ 
den  and  inspectors,  to  adopt  regulations  on  the  subject  matters 
named  in  the  section  quoted,  (although  by  the  preexisting  laws 
the  inspectors  were  empowered  to  establish  rules  and  regula¬ 
tions  to  be  approved  by  the  governor  and  council,)  it  was  not 
supposed  necessary  to  submit  the  regulations  thus  adopted,  to 
the  executive  for  their  approval,  but  if  this  construction  of  the 
law  was  erroneous,  the  approval  of  the  governor  and  council  is 
now  respectfully  asked. 

The  warden  and  inspectors  have  adopted  no  other  regulation 
by  virtue  of  the  authority  thus  given  to  them. 

But  learning  that  it  had  been  common  to  allow  females  to  at¬ 
tend  as  spectators  at  the  chapel  service  on  the  sabbath,  the 


1851.] 


HOUSE— No.  15. 


7 


board  have  advised  the  warden  no  longer  to  allow  the  same, 
and  the  practice  has  been  discontinued. 

Learning  also  that  discharged  convicts  had  been  allowed  ac¬ 
cess  to  the  prison  as  visitors,  the  board  recommended  that  no 
discharged  convict  should  again  be  allowed  to  come  within  the 
prison  walls,  unless  under  a  warrant  from  court;  and  visitors 
of  this  description  are  now  excluded. 

The  board  are  well  satisfied,  from  facts  which  have  been 
brought  to  their  knowledge,  that  the  law  prohibiting  intercourse 
between  the  convicts  and  persons  from  without  the  prison,  is, 
in  its  general  operation,  beneficial.  And  they  have  reason  to 
believe  that  the  indulgence  which  has  heretofore  been  allowed, 
has  been  attended  with  evil  consequences.  The  opportunities 
thus  afforded  for  intercourse,  have  been  abused,  for  the  purpose 
of  furnishing  the  convicts  with  money,  liquor,  and  other  articles 
forbidden  by  law. 

But  the  board  would  respectfully  suggest  for  the  considera¬ 
tion  of  the  Executive,  whether  it  may  not  be  expedient  to  rec¬ 
ommend  to  the  Legislature  some  modification  of  the  existing 
law.  As  the  board  construe  the  provisions  of  the  Revised  Stat¬ 
utes,  chapter  144,  section  thirty-three,  all  communication  be¬ 
tween  the  convicts  and  persons  without  the  prison,  is  now  ab¬ 
solutely  and  under  all  circumstances  prohibited.  The  board 
are  not  aware  that  any  discretion  is  at  present  intrusted  to  any 
officers  of  the  prison  or  to  any  officer  of  the  government,  to  dis¬ 
pense  with  this  prohibition  under  any  circumstances,  whatever 
exigency  may  arise. 

Cases  may  occur  in  which  no  probable  evil  would  result,  and 
much  possible  good  might  ensue  from  a  relaxation  of  the  strict¬ 
ness  of  the  existing  law.  Highly  beneficial  influences  might 
be  exerted  upon  a  convict  by  the  counsels  of  a  father  or  a 
mother,  a  wife  or  a  sister ;  or  perhaps  the  voice  of  a  pastor, 
from  whose  lips  the  convict,  in  his  earlier  and  better  days,  had 
heard  the  messages  of  Christian  truth,  might  revive  convictions 
which  had  been  long  smothered,  and  arouse  conscience  from  its 
long  slumber.  Cases  have  occurred  during  the  time  that  the 
board  have  been  connected  with  the  prison,  in  which,  had  the 
law  permitted,  the  warden  and  inspectors  would  have  felt  it  a 
duty  to  allow  prisoners  to  receive  visits  from  their  friends, — cases 
in  which  they  would  have  felt  that  no  evil  influence  would 


STATE  PRISON. 


8 


[Jan. 


have  been  exerted,  but  on  the  contrary  wholesome  advice  would 
have  been  imparted. 

Aside  from  the  consideration  already  suggested,  the  board  are 
of  opinion,  that  if  a  discretionary  power  existed  to  allow  prison¬ 
ers  occasionally  to  see  their  friends,  as  a  reward  for  meritorious 
conduct,  the  wise  exercise  of  such  a  power  might  exert  a  good 
moral  influence,  and  be  made  essentially  subservient  to  the  pro¬ 
motion  of  good  discipline  in  the  prison. 

With  these  views  the  board  deem  it  desirable  that  the  warden 
should  be  authorized  in  special  cases,  and  under  proper  restric¬ 
tions,  to  allow  convicts,  to  a  limited  extent,  to  have  intercourse 
with  persons  from  without  the  prison. 

If  the  warden  should  be  authorized  to  exercise  such  discre¬ 
tion,  with  the  approval  in  each  particular  case  of  one  or  of  two 
of  the  inspectors,  or  of  the  whole  board,  if  it  should  be  deemed 
expedient  thus  to  guard  the  exercise  of  such  a  power,  we  are 
of  opinion  that  it  would  be  a  wise  modification  of  the  existing 
stringent  provisions  of  the  law. 

The  number  of  convicts  during  the  past  year  has  so  greatly 
increased,  that,  with  the  limited  accommodations  in  the  work 
shops,  it  was  found  impracticable  to  employ  the  convicts  to  ad¬ 
vantage;  and  the  crowded  state  of  some  of  the  shops  also  ren¬ 
dered  it  extremely  difficult  to  maintain  proper  discipline.  Upon 
the  representations  made  by  the  warden,  the  correctness  of 
which  was  confirmed  by  their  own  observation,  the  board  con¬ 
sidered  that  the  exigency  of  the  case  not  only  justified  but  re¬ 
quired  their  giving  a  liberal  construction  to  the  provisions  of 
the  10th  section  of  the  144th  chapter  of  the  Revised  Statutes; 
and  accordingly  they  approved  a  contract  made  by  the  warden, 
with  their  previous  sanction,  for  raising  the  roof  and  adding  a 
second  story  to  the  brick  building  used  as  a  cabinet  maker’s 
shop.  The  work  was  completed  and  the  enlarged  premises  oc¬ 
cupied  on  the  fifth  day  of  the  present  month.  The  cost  of  this 
enlargement  was  two  thousand  and  sixty-three  19-100  dollars. 

The  manifest  advantages  which  have  resulted  from  this  en¬ 
largement,  in  the  increased  facilities  for  carrying  on  work,  in 
the  opportunity  furnished  to  appropriate  one  building  solely  to 
the  varnishing  business,  (thus  lessening  the  risk  should  a  fire 
occur  a  third  time  in  this  department,)  in  enabling  the  overseers 
to  exercise  a  more  complete  supervision  of  the  convicts,  and 


1851.] 


HOUSE— No.  15. 


9 


more  effectually  to  enforce  discipline,  have  amply  compensated 
for  the  expense  incurred. 

With  these  enlarged  accommodations,  there  is  now  hardly 
room  for  the  increased  number  of  convicts;  and  with  the  num¬ 
bers  still  increasing,  the  board  respectfully  but  earnestly  invoke 
the  attention  of  the  Executive,  to  the  necessity  of  anticipating 
the  difficulties  which  will  ensue  if  seasonable  arrangements  are 
not  made  to  provide  the  necessary  accommodations  for  keeping 
all  the  convicts  diligently  employed  at  hard  labor.  The  board 
would  also  respectfully  urge  upon  the  consideration  of  the  Ex¬ 
ecutive,  the  importance  of  early  measuresjbeing  taken,  to  secure 
for  the  use  of  the  prison  certain  lands  lying  between  the  present 
limits  of  the  prison  and  Austin  street;  their  views  on  which 
subject,  the  same  having  been  heretofore  referred  to  them  by 
the  Executive,  they  have  had  the  honor  to  submit  in  a  special 
report. 

The  present  crowded  state  of  the  prison  and  the  inadequate 
accommodations,  have  rendered  it  impossible  to  comply  with 
the  provision  of  the  thirty-third  section  of  the  144th  chapter  of 
the  Revised  Statutes,  which  enacts  that  “  they  (the  convicts) 
shall  be  confined  in  separate  cells  in  the  night  time/’  The 
present  number  of  convicts  is  440,  and  the  number  of  cells  in 
the  present  solitary  prison  is  only  304,  so  that  there  are  of  ne¬ 
cessity  136  convicts  in  the  old  prison,  confined  together  from 
two  to  five  in  a  cell.  It  can  hardly  be  hoped  that  the  new 
prison,  now  in  progress,  will  be  in  a  state  safe  for  occupancy 
much  if  any  before  the  next  spring. 

The  discipline  of  the  prison  has  manifestly  improved  since 
the  present  board  entered  upon  the  duties  of  their  office.  The 
announcement  to  the  convicts  of  the  passage  of  the  law  autho¬ 
rizing  the  infliction  of  corporal  punishment,  accompanied  by 
the  assurance  given  to  the  convicts  that  the  authority  thus 
given  would  certainly  be  exercised  if  necessary  to  maintain  the 
discipline  of  the  prison,  had  a  decidedly  beneficial  influence 
upon  the  prisoners.  The  number  confined  in  solitary,  for 
breach  of  prison  rules  and  disorderly  conduct,  sensibly  dimin¬ 
ished,  and  there  have  been  only  two  individuals,  upon  whom 
corporal  punishment  has  as  yet  been  inflicted. 

The  warden,  seconded  by  the  efficient  cooperation  of  the  dep¬ 
uty  warden,  has  been  diligently  engaged  in  ferreting  out  abuses, 
2 


10 


STATE  PRISON. 


[Jan. 


and  they  have  succeeded  in  discovering  and  cutting  off  several 
channels  by  which  spirituous  liquors  and  other  prohibited  arti¬ 
cles  were  introduced  into  the  prison.  The  board  have  confi¬ 
dence  in  their  integrity,  their  fidelity  to  their  responsible  trusts, 
and  their  devotion  to  the  interests  of  the  institution  ;  and  they 
believe  that  under  their  administration,  as  far  as  their  vigilance 
and  fidelity  can  accomplish  it,  the  laws  of  the  Commonwealth 
and  the  rules  and  regulations  legally  established  for  the  govern¬ 
ment  of  the  prison  are  observed  and  enforced. 

For  more  full  detail  in  regard  to  the  finances  and  statistics  of 
the  prison,  the  inspectors  ask  leave  to  refer  to  the  reports  of  the 
warden  and  other  officers  of  the  prison. 

WM.  J.  HUBBARD,  ) 

RICHARD  F ROTHINGHAM,  Jr.,  }  Inspectors . 

GEO.  H.  KUHN,  ) 

September  3 0^/i,  1850. 


185 1 .] 


HOUSE— No.  15. 


11 


To  His  Excellency  George  N.  Briggs,  Governor ,  and  the  Hon¬ 
orable  Council  of  the  Commonwealth  of  Massachusetts  : 

The  Warden  of  the  State  prison  respectfully  presents  the 
following  statement  of  the  general  affairs  of  that  institution  : — 

The  whole  number  of  convicts  remaining  in  prison  on  the 
1st  of  October,  1849,  was  .  .  .  .  .  .  349 

The  number  of  convicts  received  into  the  prison,  during 
the  year  ending  September  30th,  1850,  has  been  .  .  221 

570 


Discharged  from  prison  during  the  year  ending  on  the 
30th  of  September,  1850,  as  follows  : — 

By  expiration  of  sentence,  .....  108 

“  remission  of  sentence,  ......  10 

11  removal  to  the  State  Lunatic  Hospital  at  Worces¬ 
ter  by  order  of  court,  .....  3 

“  escaped  from  prison,  ......  3 

“  death,  ........  6 

—  130 


The  whole  number 
1850,  . 


in  prison  on  the  30th  of  September, 
........  440 


Ages  of  those  in  Prison. 


From  16  to  20  years, 

.  71 

From  50  to  60  years, 

From  20  to  25  years, 

.  128 

From  60  to  70  years, 

From  25  to  30  years, 

.  91 

From  70  to  80  years, 

From  30  to  40  years, 

.  80 

/ 

From  40  to  50  years, 

.  41 

.  22 
.  6 

.  1 


440 


12 


STATE  PRISON. 


[Jan. 


Crimes  of  those  in  Prison. 


Murder,  ....  5 

Assault  with  intent  to  murder,  .  9 

Manslaughter,  .  .  .10 

Felonious  assault,  ...  6 

Highway  robbery,  .  .  .  2 

Assault  and  highway  robbery,  .  3 

Felonious  assault  and  robbery,  .  9 

Robbery,  ....  5 

Robbery  and  larceny,  .  .  1 

Assault  with  intent  to  rob,  .  1 

Burglary,  ....  39 

Burglary  in  the  second  degree,  1 

Stealing  in  a  dwelling-house,  .  1 

House  breaking  and  larceny,  .  19 

House  breaking,  ...  4 

Breaking  and  entering  a  dwell¬ 
ing-house,  ...  3 

Shop-breaking  and  larceny,  .  46 

Shop-breaking,  .  .  .40 

Larceny,  ....  129 

Common  and  notorious  thief,  .  19 

Stealing,  .  .  .  .  1 

Incest,  .....  1 

Rape,  .....  1 

Assault  with  intent  to  commit  a 
rape,  ....  2 

Assault  with  intent  to  ravish,  .  1 

Adultery,  ....  4 

Bigamy,  .  .  .  .  1 

Polygamy,  ....  2 


Lewd  and  lascivious  cohabitation,  2 

Sodomy,  ....  1 

Malicious  burning,  .  .  ] 

Attempt  to  burn  a  dwelling- 
house,  ....  1 

/ 

Burning  a  dwelling-house,  .  1 

Burning  a  barn,  ...  9 

Arson,  .  .  .  .  .12 

Having  in  possession  counter¬ 
feit  bank  bills  with  intent  to 
pass  the  same,  ...  6 

Passing  counterfeit  bank  bills,  .  7 

Uttering  counterfeit  coin,  .  1 

Having  in  possession  counter¬ 
feit  coin,  ....  1 

Passing  a  forged  promissory 
note,  1 

Poisoning  with  intent  to  kill,  .  1 

Forgery,  ....  4 

Attempting  to  break  and  enter 
a  bank  with  intent  to  steal,  .  2 

Larceny  from  the  person,  .  6 

Accessory  to  a  larceny  before 
the  fact,  ....  1 

Breaking  and  entering  a  public 
building  and  larceny,  .  .  1 

l 

Breaking  and  entering  a  vessel 
with  intent  to  steal  therein,  .  2 

Breaking  and  entering  a  vessel 
and  stealing  therein,  .  .  3 

Receiving  stolen  goods,  .  .  5 

Uttering  a  forged  order  for 
goods,  .  .  .  .  J 

Uttering  and  publishing  a  forged 
note  of  hand,  .  .  .  1 


13 


1851  ] 


HOUSE— No.  15. 


Attempting  to  pick  a  pocket,  .  1 

Sending  threatening  letters  to 
extort  money,  ...  3 


Escaping  from  this  prison, 


1 


440 


Terms  for  which  those  now  in  Prison  are  sentenced. 


1  year, 

♦ 

.  27 

7  years, 

• 

• 

.  15 

1  year  and  3  months, 

.  1 

8  years, 

• 

• 

.  15 

1  year  and  6  months, 

.  15 

8  years  and  6  months, 

.  1 

1  year  and  8  months, 

.  1 

9  years, 

• 

• 

.  6 

2  years, 

.  99 

10  years, 

• 

• 

.  10 

2  years  and  6  months, 

.  6 

11  years, 

• 

• 

.  .  2 

3  years, 

.  89 

13  years, 

o 

♦ 

.  1 

3  years  and  6  months, 

.  4 

15  years, 

* 

1 

3  years  and  9  months, 

.  1 

18  years, 

♦ 

• 

.  3 

4  years, 

.  52 

20  years, 

• 

.  1 

4  years  and  2  months, 

.  1 

30  years, 

• 

• 

1 

5  years, 

.  36 

35  years, 

• 

.  1 

6  years, 

.  29 

Life, 

• 

- 

.  21 

6  years  and  4  months, 

.  1 

1 

440 

States  and  Countries  of  which  they  are  Natives. 

Massachusetts, 

.  161 

England, 

.  26 

Maine, 

.  24 

Ireland, 

.  75 

New  Hampshire,  . 

.  29 

Canada, 

.  11 

Vermont, 

.  6 

Nova  Scotia,  . 

.  6 

Connecticut,  . 

.  9 

New  Brunswick, 

.  6 

Rhode  Island, 

.  10 

Pennsylvania, 

.  3 

New  York,  . 

.  37 

Maryland, 

.  4 

Louisiana, 

.  2 

Ohio,  . 

.  2 

Georgia, 

.  1 

Virginia, 

.  6 

14 


STATE  PRISON. 


[Jan. 


North  Carolina, 

• 

• 

• 

4 

France,  .... 

2 

New  Jersey, 

• 

• 

• 

6 

New  Holland, 

1 

Germany, 

• 

• 

• 

4 

Saint  Vincent, 

1 

Scotland, 

• 

% 

• 

4 

440 

Employment  of  those  in  Prison . 

Stone  cutters, 

114 

Employed  in  cookery, 

20 

Carpenters,  . 

6 

Bakers,  .... 

2 

Tool  grinders, 

3 

Washers,  . 

3 

Team  hands, 

10 

Barbers,  .... 

4 

Blacksmiths, 

29 

Sweepers  and  waiters  in  Soli- 

tary  prison, 

12 

Whitesmiths, 

2 

Woodsawyers  and  lumpers, 

10 

Tin  workers, 

18 

Hospital  attendants, 

2 

Cabinet  makers, 

53 

Hospital  patients,  . 

5 

Carvers, 

17 

Invalids,  .... 

13 

Upholsterers, 

34 

In  solitary  confinement,  . 

1 

Varnishers,  . 

12 

1 

In  solitary  by  order  of  court,  . 

Brush-makers, 

24 

Yard  and  house  waiters,  and 

;  Shoe-makers, 

16 

shop  runners, 

11 

Tailors  and  menders, 

16 

Coopers, 

• 

2 

440 

The  221  Convicts  received  into  Prison  during  the  past  year 
were  convicted  at  the  j allow in g  places,  viz : 


Boston, 

Cambridge,  . 

Ipswich, 

Newburyport, 

Concord, 

Lowell, 


100 

10 

4 

1 

4 

17 


Worcester,  . 
New  Bedford, 
Taunton, 
Salem,  . 
Dedham, 
Northampton, 


9 

5 

8 

4 

27 

5 


1851.] 

HOUSE- 

-No.  15. 

15 

Springfield,  . 

.  .  6 

Plymouth, 

• 

• 

.  8 

Lenox, 

.  12 

Greenfield,  . 

.  1 

221 

Ages  of  those  received  the  past  year. 

From  16  to  20  years, 

.  49 

From  40  to  50  years, 

.  23 

From  20  to  25  years, 

.  73 

From  50  to  60  years, 

.  5 

From  25  to  30  years, 

.  34 

From  60  to  70  years, 

.  4 

From  30  to  40  years, 

.  33 

221 

Crimes  of  those  received  the  past  year. 


Murder,  ....  2 

Assault  with  intent  to  murder,  .  3 

Manslaughter,  ...  3 

Felonious  assault,  ...  4 

Assault  and  robbery,  .  .  9 

Highway  robbery,  .  .  .  1 

Robbery,  1 

Burglary,  .  .  .  .15 

House-breaking,  ...  5 

Shop-breaking,  .  .  .24 

Shop-breaking  and  larceny,  .  27 

House-breaking  and  larceny,  .  6 

Breaking  and  entering  a  vessel 
with  intent  to  steal,  .  .  1 

Larceny,  .  .  .  .76 

Common  and  notorious  thief,  .  4 

Stealing  from  the  person,  .  4 

Attempt  to  pick  a  pocket,  .  1 

Receiving  stolen  goods,  .  .  5 


Having  counterfeit  bank  bills, 
with  intent  to  pass  the  same,  2 

Uttering  a  counterfeit  bank  bill,  3 

Arson,  .....  3 

Burning  a  barn,  ...  6 

Attempting  to  set  fire,  .  .  1 

Adultery,  ....  4 

Polygamy,  .  .  .  .  1 

*  .  i 

Lewd  and  lascivious  cohabita¬ 
tion,  .  .  ■  .  .  .  1 

Felonious  assault  with  intent  to 
rape,  .  .  .  .1 

Felonious  assault  with  intent  to 
ravish,  .  .  .  .  2 

Bigamy,  ....  1 

Forgery,  ....  1 

Uttering  a  forged  order,  .  .  1 

Sending  threatening  letters  to 
extort  money,  ...  3 


221 


16 


STATE  PRISON. 


[Jan. 

Sentences  of  those  received  the  past  year. 


1  year, 

.  26 

5  years, 

-v  17 

1  year  and  3  months, 

.  1 

6  years, 

.  19 

1  year  and  6  months, 

.  10 

7  years, 

.  7 

1  year  and  8  months, 

.  1 

8  years, 

.  6 

2  years,  / 

.  55 

10  years, 

.  5 

2  years  and  6  months, 

.  2 

1 1  years  and  6  months,  . 

.  I 

3  years,  .  .  . 

.  41 

30  years, 

.  1 

3  years  and  9  months, 

.  1 

Life,  .... 

.  5 

4  years, 

.  23 

221 

States  and  Countries  of  i which  those  received  the  past  year  are 

Natives. 


Massachusetts, 

.  77 

Virginia, 

.  4 

Maine, 

.  16 

North  Carolina, 

.  1 

New  Hampshire,  . 

.  16 

England, 

.  14 

Vermont, 

.  3 

Ireland, 

.  46 

Connecticut,  . 

.  2 

Canada, 

.  5 

Rhode  Island, 

.  3 

Nova  Scotia, 

.  1 

New  York,  . 

.  16 

New  Brunswick,  . 

.  5 

New  Jersey,  . 

.  3 

France, 

.  1 

Pennsylvania, 

.  2 

Germany, 

.  1 

Maryland, 

.  3 

Saint  Vincent, 

• 

.  1 

Ohio,  . 

.  1 

221 

Of  the  221  received  the  past  year ,  26  are  recommitments  as 

follows : 


17  are  second  comers. 


4  are  fourth  comers. 


5  are  third  comers. 


17 


1851.]  HOUSE— No.  15. 

The  26  recommitments  the  past  year  were  for  the  following 

crimes : 


Highway  robbery,  .  .  .  1 

Felonious*assault  and  highway 
robbery,  .  .  .  .  1 

Burglary,  ....  2 

House-breaking,  .  .  .  1 

House-breaking  and  larceny 
therein,  .  .  .  .  1 

Shop-breaking  and  larceny  therein,  3 

Breaking  and  entering  a  vessel 
with  intent  to  steal,  .  .  1 


Shop-breaking,  ...  2 

Larceny,  .  .  .  .  0 

Common  and  notorious  thief,  .  1 

Larceny  from  the  person,  .  1 

• 

Receiving  stolen  goods,  .  .  1 

Uttering  counterfeit  bank  bills,  2 

26 


Of  the  440  Convicts  now  in  Prison ,  60  are  recommitments,  as 

follows : 


41  are  second  comers. 
11  are  third  comers. 

5  are  fourth  comers. 


1  is  a  fifth  comer. 

2  are  sixth  comers. 


The  GO  recommitments  are  for  the  following  crimes  : 


Highway  robbery,  .  .  .  1 

Highway  robbery  and  felonious 
assault,  .  .  .  .  1 

Burglary,  ....  8 

Breaking  and  entering  a  dwell¬ 
ing-house,  ....  3 

Shop-breaking,  ...  3 

Shop-breaking  and  larceny,  .  9 

Breaking  into  a  vessel  to  steal,  1 

Larceny,  .  .  .  .17 

Common  and  notorious  thief,  .  5 

Stealing  from  the  person. 

3 


Receiving  stolen  goods,  .  .  I1 

Incest,  .  .  .  .1 

Assault  with  intent  to  commit  a 
rape,  ....  I 

Polygamy,  .  .  .  .  I 

Arson,  .  .  .  .  1 

Counterfeiting  and  passing 
counterfeit  bank  bills,  .  .  ,1 

Passing  a  forged  promissory 
note,  .... 

Uttering  counterfeit  bank  bills,  3 


2 


SO 


18  STATE  PRISON.  [Jan. 


Crimes  of  those  in  Prison  who  are  sentenced  to  imprisonment 

for  life . 


Murder,  sentence  death,  com¬ 
muted  to  imprisonment  for 
life,  .  .  .  .  •  5 

Rape,  sentence  death,  commut¬ 
ed  to  imprisonment  for  life,  .  1 

Arson,  sentence  death,  commut¬ 
ed  to  imprisonment  for  life,  .  1 

Burning  a  dwelling-house  in  the 
night  time,  sentence  death, 
commuted  to  imprisonment 
for  life,  .  .  .  .  1 


Assault  and  highway  robbery,  .  1 

Highway  robbery,  ...  1 

Arson,  .  .  .  .  1 

Robbery,  ....  2 

Malicious  burning,  .  .  1 

Burglary,  ....  7 

21 


Of  the  21  Convicts  in  confinement  during  life ,  4  have  been  re¬ 
ceived  the  past  year)  as  follows  : 

Murder,  sentence  death,  commuted  to  imprisonment  for  life,  ...  1 

Burglary,  ...........  3 

One  convict  received  in  February  last  for  murder,  sentence 
death,  commuted  to  imprisonment  for  life,  died  in  June  last, — 
4  months  and  1  day  after  he  was  received  into  prison. 

There  are  35  negroes  and  10  mulattoes  now  in  prison,  22  of 
whom  were  received  the  past  year,  viz  :  17  negroes  and  5  mulat¬ 
toes. 

The  largest  number  of  convicts  in  prison  at  any  one  time 
during  the  past  year,  was  446.  The  smallest  number  was  348. 
The  average  number  has  been  411. 

The  average  number  for  the  first  six  months  of  the  past  year 
was  3S9.  The  average  number  for  the  last  six  months  of  the 
past  year  has  been  433. 

It  is  a  painful  duty  to  present,  in  the  foregoing  tables,  such  a 
rapid  increase  during  the  past  year,  in  the  number  of  convicts 
confined  in  this  prison. 

There  are,  at  this  time,  91  more  than  were  in  confinement 
here  when  the  report  was  made  up  for  the  year  closing  on  the 
30th  of  September,  1849,  in  which  it  is  stated,  that  “  the  soli¬ 
tary  prison  could  not  contain  them,  and  for  their  accommoda¬ 
tion  the  old  prison  had  been  appropriated,  two  or  more  convicts 


1851.] 


HOUSE — No.  15. 


19 


being  placed  in  each  cell.  The  work-shops  are  crowded ;  the 
chapel  has  overflowed  and  filled  the  barber’s  shop,  leaving 
hardly  sufficient  space  within  the  walls  for  the  comfortable 
accommodation  of  the  inmates  of  the  prison.” 

These  difficulties  exist  in  a  greater  degree  now  than  at  that 
period,  and  it  has  become  necessary  to  place  from  two  to  five 
in  each  cell  in  the  old  prison,  in  order  to  secure  room  for  the 
accommodation  of  the  convicts  at  meals  and  for  lodgings  at 
night. 

Under  such  unfavorable  circumstances,  it  can  hardly  be  sup¬ 
posed  that  good  discipline,  quiet  and  order  can  be  fully  main¬ 
tained,  or  that  the  reformation  or  self-improvement  which  is 
looked  for  under  a  system  of  separate  confinement  at  night  and 
at  meal  times,  can  be  realized  or  even  hoped  for.  These  em¬ 
barrassments  to  the  reformation  of  the  criminal  and  the  suc¬ 
cessful  management  of  the  prison,  will  doubtless  be  greater 
than  they  are  now,  as  the  number  of  convicts  is  increasing,  and 
in  all  probability  will  rise  as  high  as  475,  before  the  close  of 
the  present  year. 

The  present  warden,  on  assuming  the  charge  of  the  prison, 
found  that  the  practice  of  admitting  visitors  to  the  Sunday 
school  and  to  the  chapel  services  on  Sunday,  had  prevailed  for 
a  considerable  time,  and  consequently  some  of  the  convicts  were 
deprived  of  the  benefits  which  are  designed  to  be  extended  to  them 
by  these  services.  The  largest  portion  of  these  visitors  were 
females,  of  whom  from  twelve  to  twenty  were  present  on  some 
occasions.  The  presence  of  so  many  of  the  fairer  and  gentler 
portion  of  the  human  family  not  only  occupied  the  seats,  but 
much  of  the  attention  of  the  less  amiable  portion  of  the  assem¬ 
bly,  and  diverted  their  attention  from  the  lessons  of  wisdom 
which  were  being  imparted  to  them  by  their  teachers,  and  from 
the  Christian  admonition  and  counsels  of  those  who  ministered 
to  them  in  spiritual  things.  The  board  of  inspectors  were  con¬ 
sulted  upon  this  subject,  and  in  view  of  the  crowded  state  of 
the  prison,  and  the  want  of  proper  accommodations  for  its  in¬ 
mates,  they  recommended  that  the  practice  of  admitting  visi¬ 
tors  of  either  sex  on  the  Sabbath  be  immediately  discontinued. 

This  decision  was  promptly  complied  with,  and  none  have 
since  been  admitted. 

Of  those  received  the  past  year,  upwards  of  twenty  can 


20 


STATE  PRISON. 


[Jan. 


neither  read  nor  write ;  many  others  can  only  read  in  words  of 
one  or  two  syllables:  and  these,  together  with  others  who  have 
been  previously  received  into  prison,  and  who  are  equally  defi¬ 
cient  in  literary  attainments,  will  constitute  about  as  large  a 
class  as  can  be  accommodated  in  the  Sunday  school  during  the 
approaching  winter.  It  would  be  impossible  to  find  room  in 
the  chapel  for  all  who  would  avail  themselves  of  the  privileges 
of  the  school  as  it  has  heretofore  been  organized,  therefore  the 
usual  Sunday  school  must  of  necessity  be  discontinued,  until 
larger  chapel  accommodations  are  provided. 

A  melancholy  fact  presented  in  the  foregoing  tables  is,  that 
of  the  221  received  into  prison  during  the  past  year,  122  are 
under  25  years  of  age,  and  of  this  number  49  are  not  20  years 
old.  This  statement  may,  perhaps,  engage  the  attention  of 
some  who  are  interested  in  the  work  of  education,  and  lead 
them  to  look  to  the  subject  of  truancy  and  parental  indifference 
or  neglect  for  some  of  the  causes  of  so  much  youthful  de¬ 
pravity  as,  by  our  criminal  statistics  and  police  reports,  is  shown 
to  exist  in  our  community. 

When  the  new  board  of  inspectors  made  their  first  official 
visit  to  the  prison,  the  warden  stated  to  them,  that  the  prison¬ 
ers  had  for  a  long  time  been  allowed  to  see  and  converse  with 
such  of  their  relatives,  and  sometimes  with  friends,  as  called 
to  inquire  about  them,  and  that,  not  wishing  to  make  any  inno¬ 
vations  upon  the  system  which  then  existed,  he  had  continued 
in  the  same  course,  and,  by  so  doing,  had  had  an  opportunity  of 
observing,  somewhat  minutely,  the  practical  operation  of  this 
indulgence  to  the  convicts. 

On  reference  to  the  inspectors’  rules  and  regulations  for  the 
government  of  the  State  prison,  article  7,  section  10,  and  to 
the  33d  and  40th  sections  of  the  144th  chapter  of  the  Revised 
Statutes,  it  is  found  that  such  intercourse  is  expressly  prohibited, 
and  that,  by  the  last-named  section,  a  violation  of  this  law  is 
made  a  penal  offence. 

The  1 1th  section  of  the  above  chapter  makes  it  the  duty  of 
the  inspectors  to  “report  to  the  governor  and  council  forthwith, 
all  violations  of  law  and  omissions  of  duty  by  the  warden,” 
and  as  I  did  not  feel  disposed  to  make  myself  liable,  either  to 
the  penalty  of  the  law,  or  to  be  reported  to  the  executive  coun¬ 
cil  as  provided  in  the  above  section,  the  inspectors  were  con- 


1851.] 


HOUSE— No.  15. 


21 


suited  as  to  a  continuance  of  this  indulgence  to  the  prisoners. 
Their  decision  upon  this  subject  will  doubtless  be  made  known 
to  his  excellency  in  their  report  upon  the  affairs  of  the  prison, 
and  with  it,  some  suggestions  relative  to  the  modification  of  the 
existing  law  relative  to  the  intercourse  of  convicts  with  their 
friends. 

There  are,  perhaps,  times  and  circumstances  under  which 
such  intercourse  might  be  held,  when  it  would  prove  beneficial 
in  promoting  the  convict’s  reformation,  or  in  softening  his  feel¬ 
ings,  or  in  awakening  in  him  a  sense  of  the  injury  he  had  done 
himself  and  his  friends,  or  the  anguish  in  which  his  sinful 
course  has  involved  those  who  were  looking  to  him  for  some  of 
life’s  brightest  and  purest  joys,  or  for  that  consolation  which 
moral  purity  and  filial  reverence  can  alone  impart  to  the  de¬ 
clining  years  of  an  affectionate  and  devoted  parent.  To  allow 
convicts  to  hold  conversation  with  their  friends,  would  be  a 
privilege  liable  to  much  abuse,  unless  great  caution  was  used 
in  the  exercise  of  this  indulgence.  Abandoned  females  have 
not  unfrequently  obtained  an  interview  with  some  of  the  pris¬ 
oners,  by  representing  themselves  as  the  wives  or  sisters  of 
some  inmate  of  the  prison  with  whom  they  desired  to  hold  con¬ 
versation,  or  some  old  associate  in  crime  has  secured  the  same 
end,  by  claiming  to  be  a  brother,  or  a  more  remote  relative  or 
friend  of  some  prisoner;  each  have  improved  these  opportuni¬ 
ties  to  pass  to  the  convict  money  and  various  articles  prohibited 
by  law,  and  by  the  rules  and  regulations  of  the  prison,  in  which 
acts  they  have  occasionally  been  detected.  These  opportuni¬ 
ties  serve  also  to  awaken  and  keep  alive  in  the  heart  of  the 
convict,  feelings  and  associations,  adverse  to  any  efforts  which 
may  be  made  by  himself  for  self-improvement,  or  by  others,  to 
secure  his  reformation  and  return  to  the  paths  of  honesty  and 
sobriety. 

There  are,  doubtless,  many  cases,  where  good  might  be  done 
the  prisoner,  without  impairing  the  discipline  of  the  prison,  or, 
at  least,  great  comfort  imparted  to  a  widowed  mother  or  an  aged 
father,  in  their  being  allowed  to  speak  a  word,  and  perhaps  the 
last  word,  of  encouragement  or  counsel  to  an  erring  son.  There 
have  been  some  cases  in  which  the  feelings  and  sympathies  of 
the  warden  have  been  very  strongly  appealed  to,  where,  if  a 
sense  of  duty  had  not  been  stronger  than  his  inclination,  he 


22 


STATE  PRISON. 


[Jan. 


might  have  yielded  to  the  earnest  entreaties  made  to  him  from 
the  lips  of  some,  whose  eyes  were  flowing  with  tears  of  sympa¬ 
thy,  and  whose  hearts  were  wrung  with  deep  sorrow  for  a  fallen 
son,  husband,  father  or  brother. 

The  number  of  convicts  had  become  so  great,  in  the  early 
part  of  the  summer,  that  it  was  found  impossible  to  accommo¬ 
date  them  with  suitable  shop  room.  All  the  work-shops  as 
well  as  the  stone-sheds  were  filled  to  overflowing,  and  there 
were  many  convicts  who  could  not  be  profitably  employed  in 
any  department  of  labor.  This  condition  of  the  prison  was 
made  known  to  the  inspectors.  They  immediately  gave  their 
attention  to  the  subject,  and  found  it  so  manifestly  necessary  to 
afford  better  conveniences  for  the  useful  employment  of  the  con¬ 
victs,  that  authority  was  given  to  raise  the  cabinet  shop  one 
story.  This  provided  an  additional  shop,  130  feet  long  by  42 
feet  wide,  at  a  cost  of  $2,063  19  :  it  was  first  occupied  on  the 
fifth  day  of  the  present  month,  and  now  contains  about  60  con¬ 
victs,  busily  engaged  in  various  industrial  pursuits.  There  are 
still  many  convicts  who  are  not  profitably  employed,  from  the 
want  of  a  suitable  place  for  them  to  labor  in.  The  stone-sheds 
are  not  large  enough  to  accommodate  the  number  of  men  em¬ 
ployed  in  them.  It  is  more  difficult,  if  not  impossible,  to  main¬ 
tain  order  and  good  discipline,  where  the  convicts  are  so  much 
crowded  together  as  they  are  in  this  department  of  labor;  nor 
do  they  perform  so  large  an  amount  of  work  as  when  they  are 
more  separate  than  it  is  possible  to  have  them  at  the  present 
time. 

If  the  number  of  prisoners  should  continue  to  be  as  large  as 
it  is  now,  additional  shop  room  will  be  necessary  for  them  to 
labor  in. 

The  northeast  and  southeast  fronts  of  the  exterior  walls  of 
the  present  solitary  prison,  as  well  as  the  chimnies  to  this  build¬ 
ing,  have  needed  repairing  for  several  years,  and  their  condition 
is  such  as  to  require  immediate  attention. 

This  subject  was  submitted  to  the  inspectors,  who,  after 
thoroughly  examining  the  building,  were  unanimous  in  their 
decision  that  no  time  should  be  lost  in  putting  it  in  thorough 
repair.  This  expenditure  will  be  somewhat  large,  as  well  as  an 
unusual  one ;  and,  as  no  appropriation  has  been  made  for  it, 
the  tax  upon  the  ordinary  funds  of  the  prison  to  meet  this  out- 


1851.] 


HOUSE— No.  15. 


23 


lay  will  be  such,  it  is  feared,  as  to  render  it  necessary  to  ask  the 
Legislature  to  refund  the  amount  used  from  the  prison  treasury 
for  this  purpose. 

The  sum  appropriated  from  the  prison  funds  to  the  ordinary 
repairs  of  the  prison  buildings  has  been  much  larger  the  past 
summer  than  usual,  though  nothing  has  been  done  to  them 
which  was  not  deemed  absolutely  necessary  for  the  preservation 
and  “  protection  of  the  public  property,”  and  for  the  better  ac¬ 
commodation  of  the  prisoners  employed  in  the  various  depart¬ 
ments  of  labor. 

By  the  act  of  May  3d,‘  1850,  chapter  289,  section  1,  11  the 
warden,  with  the  concurrence  of  one  or  more  of  the  inspectors, 
is  authorized  to  inflict  corporal  punishment  upon  the  convicts, 
in  cases  only  where  other  methods  have  failed  to  produce  peni¬ 
tence,  and  they  find  such  punishment  necessary  to  maintain  the 
discipline  of  the  prison.”  The  same  act  requires,  “  that  the 
warden,  in  his  annual  reports,  shall  state  the  whole  number  of 
stripes  inflicted,  the  number  of  convicts  upon  whom  they  have 
been  inflicted,  and  the  circumstances  attending  each  case.” 

The  chairman  of  the  board  of  inspectors  announced  to  the 
prisoners  that  the  law  prohibiting  the  use  of  corporal  punish¬ 
ment  had  been  repealed,  and  that  the  Legislature  had  enacted 
a  law,  authorizing  the  warden  to  inflict  such  punishment  when 
it  should  seem  necessary  for  the  maintenance  of  good  order  and 
discipline  in  the  prison,  which  authority  would  be  exercised 
whenever  an  occasion  should  require  it.  The  influence  of  this 
law  upon  the  convicts,  and  upon  the  welfare  of  the  prison,  has 
proved  beneficial,  not  only  in  strengthening  the  government  of 
the  prison  in  its  means  of  subduing  the  more  turbulent  and  re¬ 
fractory  among  its  inmates,  but  in  reducing  the  number  of  cases 
of  solitary  confinement  for  violations  of  the  rules  and  regula¬ 
tions  of  the  prison.  The  knowledge  of  the  prisoners  that  the 
power  to  inflict  this  punishment  is  in  the  hands  of  the  govern¬ 
ment  of  the  prison,  and  that  it  has  the  authority  of  legislative 
sanction,  is  of  itself  sufficient  to  deter  many  from  ever  placing 
themselves  within  its  reach. 

No  one  who  is  not  lost  to  the  feelings  of  sympathy — to  a  con¬ 
sciousness  of  the  weakness  and  failings  of  his  fellow  man,  and 
to  his  liability  to  fall  by  temptations  which  he  has  not  the  firm¬ 
ness  or  the  moral  power  to  withstand — can  ever  feel  it  to  be  a 


24 


STATE  PRISON. 


[Jan. 


pleasant  duty  to  impose  upon  a  criminal  physical  suffering  of 
any  kind  ;  and  though  the  heart  of  him,  whose  duty  it  may  be 
to  administer  corporal  punishment  under  the  present  law,  should 
become  somewhat  callous  to  the  better  promptings  of  human¬ 
ity,  still,  while  the  law  which  authorizes  its  use  is  so  carefully 
guarded,  there  can  be  but  little  room  for  its  abuse. 

Since  the  passage  of  the  law  here  referred  to,  the  number  of 
convicts  in  this  prison  has  been  larger  than  was  ever  before 
known  here.  Besides  this,  the  confusion  attendant  upon  the 
enlargement  of  the  cabinet  shop,  and  the  alteration  of  the  other 
workshops  within  the  prison  walls,  together  with  the  interrup¬ 
tions  to  good  order  caused  by  the  addition  which  is  being  made 
to  the  prison  buildings  under  legislative  enactment,  have  all,  to 
no  small  degree,  increased  the  difficulty  of  maintaining  good 
discipline  in  the  prison,  and  has  caused  among  the  prisoners,  in 
many  instances,  a  more  frequent  breach  of  the  rules  of  the  pris¬ 
on  than  would  have  been  likely  to  occur  under  more  favorable 
circumstances. 

Notwithstanding  the  disadvantages  arising  from  this  state  of 
affairs  in  and  around  the  prison,  it  is  highly  gratifying  to  be 
able  to  state,  that  it  has  been  found  necessary  in  three  instances 
only  to  obtain  the  concurrence  of  the  inspectors  for  the  infliction 
of  corporal  punishment.  In  one  of  these  instances,  the  prisoner, 
after  being  made  sensible  of  the  position  in  which  he  had,  by 
his  misconduct,  placed  himself,  gave  such  assurances  to  the 
warden  of  his  determination  to  conduct  himself  for  the  future 
in  an  exemplary  manner,  and  to  conform  willingly  and  cheer¬ 
fully  to  the  rules  of  the  prison,  as  induced  him  to  release  the 
convict  without  the  infliction  of  stripes. 

The  other  two  cases  were  as  follows,  viz. :  No.  1.  For  inso¬ 
lence  to  his  officer,  refusing  to  obey  orders,  making  a  disturbance 
in  his  shop  and  cell,  and  for  general  misconduct  in  repeated  in¬ 
stances — 1  stripe. 

No.  1  again.  For  repeated  violations  of  the  rules  of  the  pris¬ 
on,  disregarding  the  directions  and  admonitions  of  his  officer, 
and  also  the  counsels  and  admonitions  of  the  warden  and 
deputy  warden,  in  repeated  instances,  and  for  insolence  in  man¬ 
ner  and  language — 3  stripes. 

No.  2.  For  an  unprovoked  attack  upon  a  fellow  prisoner,  by 
striking  and  wounding  him  upon  the  head  with  a  stone  ham¬ 
mer,  inflicting  a  blow  which  endangered  his  life — 5  stripes. 


1851.] 


HOUSE— No.  15. 


25 


However  much  the  necessity  for  the  infliction  of  stripes  may 
be  regretted,  or  however  much  it  may  be  looked  upon  by  some 
as  a  species  of  barbarism,  yet  a  prison  appears  to  be  the  last 
place  for  trying  the  experiment  of  governing  some  of  its  inmates, 
and  among  these  some  of  the  worst  members  of  society,  without 
this  means  of  enforcing  obedience.  Let  this  experiment  be  first 
tested  in  the  homes  of  childhood,  where  parental  affection  may 
win,  or  authority  command,  implicit  obedience  and  submission 
to  wholesome  restraints,  and  let  the  power  to  influence  and  gov¬ 
ern  the  youthful  mind,  thus  obtained,  be  continued  and  strength¬ 
ened  in  the  government  of  the  public  schools  in  our  land,  and  the 
young  made  to  love  goodness  and  virtue,  and  to  reverence  whole¬ 
some  laws,  both  Divine  and  human  ; — then  there  might  be  some 
hope  of  success  in  an  attempt  to  govern  a  prison  by  placing  be¬ 
fore  the  prisoner  ennobling  examples  of  moral  power,  and  by 
appeals  to  the  higher  sentiments  of  the  human  heart. 

In  the  amount  placed  at  the  disposal  of  the  commissioners,  to 
defray  the  expense  of  erecting  the  new  prison  buildings,  it  is 
found  that  there  has  not  been  any  sum  appropriated  for  the 
erection  of  a  wall  to  enclose  the  addition  which  is  now  being 
made  to  the  prison,  under  the  direction  of  the  commissioners. 
Unless  the  new  wing,  which  Austin  Street  bounds,  and  which 
is  designed  for  lodging-rooms  for  the  convicts,  is  enclosed  by  a 
suitable  wall,  it  will  not  only  be  accessible  from  said  street,  but 
so  near  to  it  as  to  present  a  strong  temptation  to  those  travel¬ 
ling  this  street  to  approach  the  windows  for  the  purpose  of  in¬ 
specting  the  interior  of  the  building,  or  to  seek  an  opportunity 
for  holding  communication  with  some  of  those  who  may  be 
confined  within  its  walls. 

Whatever  may  have  been  heretofore  thought  of  the  expedi¬ 
ency  of  securing  the  lands  bordering  upon  the  prison  premises, 
in  order  to  exclude  nuisances  and  annoyance  from  without  the 
prison,  there  appears  to  be  an  imperative  necessity  for  it  now. 
The  importance  of  this  subject  will  naturally  present  itself  to 
his  excellency,  as  well  as  to  the  early  attention  of  the  legisla¬ 
tive  committee  on  prison  affairs.  The  prison  has  been  exposed 
to  imminent  danger  from  a  serious  conflagration  which  has  just 
taken  place  immediately  under  its  walls,  exciting  the  serious 
apprehensions  of  the  officers  and  others  as  to  its  safety,  and  cre- 
4 


26  STATE  PRISON.  [Jan. 

a  ting  fear  and  consternation  among  those  of  the  prisoners  to 
whom  its  ravages  were  most  immediately  visible. 

By  chapter  108  of  the  General  Laws  of  1849.  it  is  required 
that  such  sums  of  money  be  paid  over  to  the  agent  of  the  State 
for  aiding  discharged  convicts,  to  be  expended  by  him  for  their 
benefit,  as  have  been  previously  authorized  by  section  53,  chap¬ 
ter  144,  of  the  Revised  Statutes,  to  be  paid  to  the  convicts 
themselves,  on  their  discharge  from  prison.  By  this  act,  the 
warden  cannot,  at  his  discretion,  when  necessity  or  conven¬ 
ience  seems  to  require,  pay  the  amount  to  the  convict  himself; 
but  must,  in  all  cases,  send  him  to  the  agent,  however  inconven¬ 
ient  it  may  be  for  the  convict  to  visit  him.  The  warden  is 
ignorant  of  the  ground  upon  which  this  law  was  founded.  To 
many  of  the  convicts,  and  among  them  some  of  the  best  dis¬ 
posed  and  most  exemplary,  this  law  is  very  annoying.  To 
some  it  is  an  unpleasant  requirement,  that  they  are  made  to  call 
upon  the  agent;  to  others  it  is  attended  with  inconvenience,  and 
subjects  them  to  delay  in  reaching  their  homes  and  their  friends. 
•Convicts,  for  a  long  time,  have  been  allowed  to  anticipate  a 
.part  of  the  sum  which  would  be  paid  them  on  discharge  from 
prison,  in  additional  or  better  articles  of  clothing  than  are  usually 
allowed  them  under  the  53d  section  of  the  144th  chapter,  which 
provides  that  they  shall  be  furnished  with  decent  clothing  on 
their  discharge  from  prison.  Many  of  them  would  invest  all 
the  sum  they  are  to  receive  on  their  discharge,  in  making  their 
•clothing  a  little  more  than  decent,  that,  by  so  doing,  they  may 
avoid  the  necessity  of  calling  upon  the  agent  to  spend  their 
money  for  them.  Most  of  those  who  need  the  assistance  of  the 
agent  would  as  readily  avail  themselves  of  it  without  being 
compelled  to  go  to  him;  and  those  who  do  not  wish  or  need  his 
.assistance,  and  who  have  friends  standing  ready  to  take  them 
by  the  hand  and  aid  them  in  their  honest  endeavors  to  provide 
for  their  own  wants,  feel  it  a  hardship  to  be  required  to  present 
themselves  to  his  notice.  They  resort  to  various  expedients  to 
avoid  this  exigency,  and  would,  were  it  allowed,  take  all  the 
sum  to  be  appropriated  to  them,  in  any  article  of  clothing,  rather 
than  call  upon  the  agent  to  expend  it  for  them. 

If  the  arguments  in  favor  of  the  law  are  such  as  to  merit  its 
continuance,  might  it  not  be  made  to  answer  its  original  design, 
•and  yet  be  so  modified  as  to  permit  the  government  of  the  pris- 


4. 


1851.]  HOUSE— No.  15.  27 

on  to  exercise  some  discretion  with  those  who  know  their  wants, 
and  are  capable  of  providing  for  them. 

It  appears  necessary  that  a  new  work-shop  should  be  erected, 
or  one  of  the  present  shops  enlarged,  for  the  better  accommoda¬ 
tion  of  the  convicts.  Some,  whose  labor  is  comparatively  un¬ 
productive,  might  be  more  profitably  employed,  if  there  were  a 
suitable  place  in  which  they  could  be  put  at  work.  Every  shop 
in  the  prison  is  now  filled  to  overflowing,  and  still  there  is  a 
want  of  room.  Besides,  if  the  number  of  prisoners  should,  at 
any  time  hereafter,  be  smaller  than  now,  the  additional  room,  if 
furnished,  would  then  be  serviceable  as  a  drying  room  for  cloth¬ 
ing.  Much  inconvenience  has  for  a  long  time  been  experienced 
from  the  want  of  a  room  for  this  purpose,  especially  in  the  win¬ 
ter  season,  when  the  extra  clothing  furnished  the  prisoners  in¬ 
creases  the  amount  of  washing  to  be  done  for  them,  and  the 
necessity  for  a  suitable  place  in  which  their  clothing  may  be 
dried. 

A  large  portion  of  the  wooden  balustrade  upon  the  top  of  the 
southeast  wall  of  the  prison  has  just  been  destroyed  by  fire, 
caused  by  the  conflagration  which  took  place  immediately  out¬ 
side  of  this  wall ;  and  some  parts  of  the  balustrade  upon  other 
portions  of  the  wall  around  the  prison,  will  require  repairing, 
and  should  be  attended  to  in  the  spring  or  summer  of  next  year. 
To  carry  out  the  above  objects  will  be  an  extra  expenditure, 
and  render  it  necessary  to  ask  pecuniary  aid  from  the  Legisla¬ 
ture,  to  meet  these  outlays. 

There  has  not  been  any  serious  interruption  to  the  business 
affairs  of  the  prison,  during  the  past  year.  The  labor  of  the 
convicts  has  been  as  productive  as  in  former  years,  and  the  in¬ 
come  from  it  has  been  sufficient  to  meet  the  usual  expenses  for 
the  support  of  the  institution. 

The  gross  earnings  of  the  convicts  are  generally  smaller,  and 
the  expenses  for  their  support  larger,  in  the  winter  months  than 
in  the  summer  ;  consequently,  the  income  of  the  prison,  during 
the  first  six  months  of  the  past  year,  was  not  quite  sufficient  to 
meet  its  expenses. 

By  the  statements  of  the  receipts  and  expenses  of  the  prison, 
found  at  the  end  of  this  report,  it  will  be  seen  that  the  item  for 
repairs  of  real  estate  is  larger,  for  the  past  six  months,  than  it 
has  been  for  several  years,  and  that  the  prison  has  been  sub- 


28 


STATE  PRISON. 


[Jan. 


jected  to  extra  expenditures,  made  necessary  on  account  of  the 
new  prison  buildings ; — these,  together  with  the  extra  officers 
which  have  been  required,  and  the  cost  of  building  the  addition 
to  the  cabinet  shop,  authorized  by  the  Board  of  Inspectors, 
amounting  in  all  to  upwards  of  $3,000,  have  been  paid  from 
the  prison  treasury  without  crippling  its  means  of  meeting  the 
usual  claims  which  are  made  upon  it  for  the  support  of  the 
institution. 

The  amount  of  income  over  the  expenses  of  the  prison,  for 
the  past  six  months,  after  paying  all  outstanding  debts,  is  shown 
to  be  $2,946  55. 

This  prison  has  heretofore  held  a  high  rank  in  public  estima¬ 
tion,  for  its  good  discipline,  and  for  the  humanity  with  which 
its  inmates  have  been  treated.  The  present  government  of  the 
prison  has  endeavored  to  conduct  its  affairs  in  such  a  manner 
as  to  merit  a  continuance  of  public  favor.  Whilst  wholesome 
restraint  and  discipline  are  firmly  yet  humanely  enforced,  the 
great  object  of  confinement  has  not  been  forgotten  in  applying 
restraints  or  in  exercising  authority  over  those  who,  by  the  vio¬ 
lation  of  law,  have  subjected  themselves  to  its  penalties. 

In  closing  this  report,  I  cannot  but  recognize  the  mercies  of  a 
kind  Providence,  in  the  general  good  health  and  quiet  which 
has  prevailed  during  the  past  year.  While  the  number  in  con¬ 
finement  has  been  larger  than  ever  before,  and  while  the  pro¬ 
portion  of  prisoners  who  have  broken  or  shattered  constitutions, 
and  who  are  suffering  from  the  incipient  stages  of  disease,  is 
much  above  the  average,  still,  there  has  been  but  six  deaths — 
only  a  fraction  over  one  per  cent. 

The  warden  here  expresses  his  obligations  to  the  Board  of 
Inspectors,  for  the  support  they  have  uniformly  given  him,  in 
his  efforts  to  improve  the  general  condition  of  the  prison  and  its 
inmates;  for  the  harmony  which  has  marked  his  daily  inter¬ 
course  with  the  chaplain  and  physician  of  the  prison,  he  feels 
himself  under  obligations  to  them;  and  also  to  the  deputy  war¬ 
den  and  clerk,  for  their  cheerful  cooperation  and  fidelity  on  all 
occasions.  He  would  not  fail  to  notice,  in  this  connection,  the 
prompt  and  faithful  attention  of  the  subordinate  officers  gener¬ 
ally,  in  the  performance  of  the  arduous  and  responsible  duties 
devolving  upon  them. 

The  accounts  and  vouchers  for  the  past  year  have  been  ex- 


1851.] 


HOUSE— No.  15. 


29 


amined  and  approved  by  the  inspectors,  and  will  be  deposited 
in  the  office  of  the  treasurer  of  the  Commonwealth. 

The  following  schedules  present  a  semi-annual  statement  of 
the  disbursements  and  income  for  the  year  closing  on  the  30th 
of  September,  1S50: — 


Disbursements  and  Income ,  for  six  months ,  from  October  Is/, 

1849,  to  March  31s/,  1850. 

Dr.  Cr. 


To  Cash  paid — 

By  amount  of  income  in — 

For  Provisions, 

$5,310 

96 

Stone  Department, 

$7,108  17 

Hospital  Department,  . 

154 

58 

Labor  Department, 

9.244  03 

Clothing  “ 

3,772 

05 

Visitors’  Fees, 

518  25 

Expense  “ 

3,178 

70 

Rents,  .  .  .  . 

114  95 

Officers’  Salaries, 

8,363 

95 

$16,985  40 

Prisoners  on  Discharge, 

244 

00 

By  deficit  of  income  to 

- 

meet  expenses,  for  six 

Transports  of  Prisoners, 

207 

50 

months,  from  October 
1,  1849,  to  March  31, 

Repairs  of  Real  Estate, . 

78 

05 

1850, 

4,867  23 

Repairs  of  Cabinet  Shop, 

271 

34 

Night  Watch  in  Prison 

Yard, 

271 

50 

$21,852  63 

$21,852  63 

30 


STATE  PRISON. 


[Jan. 


Disburseme?its  and  Income ,  for  six  months ,  from  April  1st , 

to  September  30 th,  1850. 

Dr.  Cr. 


To  Cash  paid — 

By  amount  of  income  in — 

For  Provisions, 

#6,350  79 

Stone  Department, 

.  #16,733  20 

Hospital  Department,  . 

143  94 

Labor  Department, 

.  10,804  83 

Clothing  “ 

2,074  93 

Visiters’  Fees, 

.  1,147  50 

Expense  “ 

2,119  10 

Rents,  . 

146  00 

Officers’  Salaries,  . 

8,943  78 

Prisoners  on  Discharge, 

177  50 

Transporting  Prisoners, . 

147  58 

Repairs  of  Real  Estate, 

749  67 

Night  Watch  in  Prison 
Yard, 

274  50 

Enlargement  of  Cabinet 
Shop, 

2,063  19 

• 

Expenses  attending  the 
erection  of  New  Pris- 
on,  •  •  •  • 

317  46 

9 

Interest  Account,  . 

46  25 

#23,408  69 

♦ 

To  this  amount,  being  the 
income  over  the  dis¬ 
bursements  of  the  pris¬ 
on,  for  six  months,  end¬ 
ing  Sept.  30,  1850,  . 

5,422  84 

9 

#28,831  53 

#28,831  53 

There  are  a  few  demands  against  the  prison  which  are  unpaid, 
the  same  not  being  yet  due ;  they  are  chiefly  for  supplies  for  the 
stone  department,  amounting  in  all  to  $2,476  29,  which,  by  be¬ 
ing  deducted  from  the  above  balance,  will  leave  $2,946  55  as 
the  net  amount  of  earnings  over  the  expenses  of  the  prison,  for 
the  past  six  months.  All  which  is  submitted  by 

HENRY  K.  FROTHINGHAM,  Warden. 

Mass.  State  Prison ,  Charlestown , 

September  30,  1850. 


1851.] 


HOUSE— No.  15. 


31 


To  His  Excellency ,  George  N.  Briggs,  Governor ,  and  the  Hon¬ 
orable,  the  Executive  Council,  of  the  Commonwealth  of  Mas¬ 
sachusetts. 


The  Chaplain  of  the  Slate  prison  asks  leave  to  present  the 
following  brief  report  for  the  year  ending  September  30,  1850. 
He  regrets  that  he  has  nothing  of  special  interest  to  communi¬ 
cate,  growing  out  of  his  appropriate  department  of  labor;  still, 
he  is  happy  to  say  that,  for  the  most  part,  a  very  commendable 
attention  and  apparent  inteiest  have  been  manifested,  on  the 
part  of  the  prisoners,  in  the  various  religious  duties  and  instruc¬ 
tions,  both  of  the  Sabbath,  and  our  morning  and  evening  sea¬ 
sons  of  devotion.  He  has  also  been  gratified  with  the  results  of 
his  almost  daily  interviews  with  the  prisoners  in  private.  In  al¬ 
most  all  instances,  advice  and  counsel,  plainly,  yet  affection¬ 
ately  given,  have  been  received  with  a  docile  and  kindly  spirit; 
and  it  is  confidently  believed,  that  the  results,  in  most  instances, 
have  been  salutary  on  their  minds  and  hearts,  and  leading 
them  to  a  more  cheerful  and  habitual  submission  to  the  neces¬ 
sary  and  salutary  rules  and  discipline  of  the  prison. 

In  connection  with  these  brief  remarks,  the  undersigned 
would  not  disguise  the  fact,  that  during  the  past  year,  he  has 
met  with  much  to  dishearten  and  discourage  him  in  his  desire 
and  efforts  to  do  good,  among  those  for  whose  benefit  he  labors. 

This  has  arisen,  almost  wholly,  from  the  very  great  increase 
in  the  number  of  prisoners  received,  and  the  consequent  crowded 
state  of  our  night  rooms.  About  one  third  of  the  whole  num¬ 
ber  have,  of  necessity,  been  confined  at  night,  and  at  their 
meals,  in  the  cells  of  the  old  prison,  with  from  two  to  seven  in 
a  cell,  according  to  their  size  and  capacity  for  lodging-rooms. 
To  expect  that  silence  and  salutary  discipline  can  be  main¬ 
tained  in  such  circumstances,  or  that  a  wholesome  moral  in¬ 
fluence  can  be  successfully  exerted,  would  be  to  set  aside,  as 
useless,  the  whole  mass  of  facts  derived  from  the  experience  of 
the  past ;  to  close  our  eyes  to  the  well  known  connection  be¬ 
tween  causes  and  their  legitimate  effects,  and  to  discard  the 
plainest  dictates  of  reason. 


32 


STATE  PRISON. 


[Jan. 


We  would  not  presume  to  limit  the  power  of  the  Almighty; 
but  to  hope  that  depraved  men,  thus  congregated,  and  having, 
during  many  hours  of  the  day  and  night,  a  free  and  almost  un¬ 
restrained  intercourse  with  each  other,  can  be  reformed  and 
made  better,  is  to  hope  against  hope;  and  yet,  through  the  un¬ 
ceasing  and  untiring  vigilance  of  the  warden  and  deputy  war¬ 
den,  seconded  by  the  faithful  cooperation  of  the  officers  of  sub¬ 
ordinate  grades,  a  discipline  has  been  steadily  maintained, 
which,  in  circumstances  so  untoward,  could  hardly  have  been 
anticipated. 

But  it  is  cheering  to  look  forward  to  a  period,  not,  as  we 
fondly  trust,  far  distant  in  the  future,  when  the  clouds  which 
now  hang  over  us  shall  be  dissipated,  and  a  new  and  brighter 
era  dawn  upon  us.  We  are  anxiously  looking  forward  to  the 
completion  of  the  additional  prison  buildings  which  are  now 
being  erected,  when  there  will  be  a  sufficient  number  of  cells 
for  the  separate  confinement  of  all  the  inmates  of  the  prison. 
We  may  then  rationally  hope  for  results,  both  in  discipline  and 
morals,  far  different  from  those  which  can  be  anticipated  in  cir¬ 
cumstances  by  which  we  have  been  harassed  and  crippled 
during  the  past  year,  and  which  exist  at  the  present  time. 

It  may  be  proper  further  to  remark,  that  during  the  same  pe¬ 
riod,  much  unavoidable  embarrassment  and  inconvenience  have 
been  experienced  from  the  fact,  that  our  chapel  or  place  of  wor¬ 
ship  has  proved  altogether  too  small  for  the  accommodation  of 
our  greatly  increased  number  of  convicts.  After  crowding,  to 
their  utmost  extent,  all  the  seats  which  can  be  placed  in  the 
chapel,  it  has  been  found  necessary  to  stow  away ,  and  without 
any  convenient  seating,  a  large  number  in  the  barber’s  shop, 
contiguous  to  the  chapel,  in  the  rear  of  the  desk,  and  where 
they  are  altogether  concealed  from  the  eye  of  the  speaker.  But 
even  in  this  unpleasant  predicament,  the  prospect,  that  in  the 
course  of  another  season  the  large,  airy  and  well  lighted  chapel, 
which  is  now  being  built,  will  be  ready  lor  occupancy  as  a 
place  of  worship,  gives  cheering  hope  of  a  brighter  day  in  the 
future. 

During  the  past  year,  from  October  1st  to  the  1st  of  June  fol¬ 
lowing,  our  Sabbath  school  was  conducted  as  in  former  years, 
being  instructed  by  about  thirty  teachers  from  the  various 
churches  in  Boston  and  Charlestown.  On  the  1st  of  October  of 


1851.] 


HOUSE— No.  15. 


33 


the  present  year,  the  time  when  it  is  customary  to  commence 
the  school,  it  was  found  to  be  wholly  impracticable,  owing  to 
the  greatly  augmented  number  of  the  prisoners,  and  the  lack  of 
room  to  accommodate  those  who  were  desirous  to  become  mem¬ 
bers,  to  organize  and  conduct  the  school  in  the  customary  man¬ 
ner.  Accordingly,  on  consulting  the  warden  on  the  subject,  it 
was  judged  expedient,  in  existing  circumstances,  to  organize 
the  school  by  bringing  into  it  the  more  ignorant  and  unlearned 
of  the  convicts,  who  either  could  not  read,  or  could  read  but 
poorly,  who  might  wish  to  avail  themselves  of  the  advantages 
thus  afforded  them,  for  mental  improvement.  An  interesting 
school  was  thus  gathered,  consisting  of  between  sixty  and  sev¬ 
enty  prisoners.  This  number  is  divided  into  about  twenty 
classes,  instructed  by  a  corresponding  number  of  our  most  intel¬ 
ligent  and  trustworthy  convicts,  under  the  immediate  supervis¬ 
ion  of  the  warden  or  deputy  warden,  the  chaplain,  and  one  of 
the  subordinate  officers.  The  school  is  making  commendable 
progress,  and  promises  to  be  productive  of  great  good  to  those 
who  enjoy  its  advantages.  In  addition  to  the  scholars  above 
referred  to,  we  have  an  interesting  class,  of  about  fifteen  con¬ 
victs,  who  have  been  seamen ,  all  of  whom  can  read,  instructed 
every  Sabbath,  during  school  hours,  in  the  barber’s  shop,  by 
Rev.  Mr.  Sullivan,  missionary  to  seamen  in  Boston,  and  who, 
in  former  years,  was  a  sea  captain.  In  the  true  spirit  of  Chris¬ 
tian  benevolence,  he  tendered  his  services  to  teach  a  class  of 
sailors ,  and  we  were  most  happy  to  avail  ourselves  of  his  kind 
offer.  His  class  are  much  interested  in  his  instructions  ;  and  it 
is  not  too  much  to  believe,  that  they  will  prove  highly  salutary 
to  those  who  receive  them. 

Our  school  is  constantly  increasing  in  number,  from  the 
ranks  of  those,  who,  from  week  to  week,  become  the  inmates  of 
the  prison  from  without.  The  school,  we  think,  promises  to  be 
useful,  both  to  the  scholars,  and  to  those  who  are  their  instruc¬ 
tors. 

Whenever  our  spacious  new  chapel  shall  be  completed,  so 
that  all  who  may  wish  to  become  members  of  the  school  can  be 
furnished  with  seats,  the  school  will  be  organized  and  con¬ 
ducted  as  it  has  been  in  former  years.  Necessity,  and  that 
alone,  has  led  to  the  course  above  referred  to  ;  and  it  is  believed 
it  will  meet  the  approbation  of  all  who  are  fully  aware  of  our. 

5 


34 


STATE  PRISON. 


[Jan. 


present  situation.  We  have  spoken  thus  at  length  on  this  sub¬ 
ject,  from  the  fact,  that  some  persons,  doubtless  from  misappre¬ 
hension  of  our  motives,  have  complained  of  our  want  of  interest 
in  the  spiritual  wants  of  the  inmates  of  the  institution.  Time 
will  show. 

The  undersigned  feels  it  to  be  unnecessay  to  protract,  farther, 
this  Report,  by  touching  on  other  topics,  as  the  Reports  of  the 
honorable  board  of  inspectors,  and  those  of  the  warden  and 
physician,  will,  doubtless,  embrace  everything  necessary  to  a 
.correct  understanding  of  the  various  affairs  and  interests  of  the 
institution.  But  he  cannot  close  without  expressing  his  sense 
of  the  debt  of  gratitude  due  from  all  connected  with  the  prison, 
to  Him,  who  has,  during  the  past  year,  so  mercifully  watched 
over  it,  and  conducted  us,  in  safety,  through  its  changes  and 
trials. 

To  the  warden,  deputy  warden,  and  all  in  subordinate  sta¬ 
tions  among  the  officers  of  the  prison,  he  feels  under  the  strong¬ 
est  obligations  for  their  uniform  kindness,  and  the  facilities  and 
help  they  have  afforded  him  in  the  discharge  of  his  official  du¬ 
ties.  All  which  is  respectfully  submitted. 

JARED  CURTIS, 
Chaplain  of  the  Mass  State  Prison. 

Mass.  State  Prison ,  Dec.  1S5Q. 


1851.] 


HOUSE— No.  15. 


35 


To  His  Excellency ,  George  N.  Briggs,  Governor  of  the  Com¬ 
monwealth  of  Massachusetts ,  and  the  Honorable  Council. 

The  undersigned  respectfully  reports  upon  the  state  of  the 
physician’s  department,  and  the  health  of  the  convicts  during 
the  past  year,  as  follows  : 

The  amount  of  sickness  which  has  occurred,  estimated  by 
the  hospital  records,  and  such  data  as  can  be  expressed  numeri¬ 
cally,  has  not  varied  much  from  the  average  of  the  past  five 
years.  There  have  been  admitted  into  the  hospital  as  patients, 
one  hundred  and  thirty-eight.  The  aggregate  amount  of  days 
spent  there  by  these  patients  has  been  nineteen  hundred  and 
twenty;  of  which,  it  should  be  stated  a  large  amount  is  refer¬ 
able  to  the  cases  of  five  or  six  very  feeble  prisoners,  who  spend 
a  large  proportion  of  their  time  there.  Besides  these  instances 
of  more  serious  illness,  there  have  been  admitted  as  invalids  for 
a  day,  five  hundred  and  two;  and  as  many  more  days  of  light 
labor  have  been  allowed  at  my  suggestion. 

Compared  Avith  the  five  past  years,  the  number  of  cases  of 
sickness,  thus  made  the  subject  of  medical  prescription,  have 
been — Admissions  to  the  hospital, 

In  1849-50  .  138 

1848- 9  .  139 

1847- 8  .  90 

1846- 7  .  102 

1845- 6  .  58 

Number  of  days  spent  in  hospital,  and  lost  to  labor  : 

1849- 50  .  1,920 

1848- 9  .  1,162 

1847- 8  .  875 

1846- 7  .  913 

1845- 6  .  883 

Number  of  days  lost  to  labor  by  those  invalided  for  the  day  : 

1849- 50  .  502 

1848- 9  .  677 

1847- 8  .  573 

1846- 7  .  682 

1845-6  .  644 


36 


STATE  PRISON. 


[Jan. 


Of  course,  the  physician’s  duties  are  not  merely  limited  to 
prescriptions  for  the  sick,  but  extend  also  to  giving  advice  to 
those  who  have  premonitory  symptoms  (real  or  fancied)  of  ill¬ 
ness,  and  who,  by  the  liberal  latitude  of  the  regulations  applying 
to  his  department,  are  permitted  to  make  known  their  com¬ 
plaints.  These  applicants  are  not  classed  under  the  above 
heads  of  patients,  or  invalids,  but  may  properly  be  alluded  to 
in  this  connection,  as  forming  a  part  of  the  subjects  of  medical 
treatment  within  the  institution.  I  find  the  number  of  such  ap¬ 
plications  to  amount  to  an  average  of  twenty-three  daily. 

Of  the  kind  of  diseases  which  have  prevailed,  I  am  not  aware 
of  anything  peculiar  in  their  character,  as  differing  from  those 
which  have  occurred  in  the  community  at  large.  Diarrhoea  has 
always  been  somewhat  more  noticeable  here  in  the  summer 
months,  than  without  the  prison  walls,  but  has  yielded  readily 
to  remedies,  and  change  of  diet.  Cases  of  consumption  and  pul¬ 
monary  diseases  have  been  of  more  frequent  occurrence  than 
on  some  previous  years,  and  these  have  required  a  longer  de¬ 
tention  in  the  hospital  than  any  other  maladies. 

The  mortality  of  the  prison  has  been  considerably  larger  this 
year,  than  the  average  for  the  five  past  years.  Six  deaths  have 
occurred,  in  a  total  of  570  different  prisoners  during  the  year, 
and  among  a  general  average  of  411  in  confinement  at  all  times. 
From  January,  1845,  to  the  commencement  of  the  present  year, 
the  whole  number  of  deaths  had  only  been  seven. 

The  names  and  diseases  of  the  deceased  the  past  year,  arc  as 
follows : 

John  Montgomery,  a  Scotchman  by  birth,  of  the  age  of  forty- 
three,  who  died  of  strangulation  of  the  bowels,  occasioned  by  a 
wound  he  received  when  a  boy,  by  being  struck  with  a  pointed 
file.  The  instrument  punctured  the  coats  of  the  abdomen,  and 
left  an  opening  on  the  inner  side,  which  had  never  closed  up; 
through  this  aperture,  the  intestine  made  its  way,  and  produced 
the  strangulation  referred  to.  Owing  to  his  fleshy  habit,  there 
was  no  external  evidence  of  it,  though  I  suspected  the  existence 
of  some  such  disturbing  cause.  He  made  no  mention  of  the  old 
difficulty,  till  all  hope  of  relief  by  an  operation  had  gone  by. 
Probably  a  seasonable  performance  of  a  surgical  operation 
would  have  saved  his  life. 

Peter  Delaney,  an  Irishman,  died  in  October,  of  consumption, 


1851.] 


HOUSE— No.  15. 


3  7 


aged  sixty-six  years.  He  had  been  in  prison  about  two  years, 
for  larceny.  He  came  here  with  a  severe  cough  upon  him,  and 
was  always  allowed  some  easy  occupation. 

John  Twiggs,  Irish,  died  in  November,  aged  nineteen  years, 
of  consumption.  He  had  about  four  months  to  remain  in 
prison.  He  came  here  in  imperfect  health. 

Charles  Drew,  a  native  of  Maine,  died  also  of  consumption, 
aged  twenty-three  years.  He  had  four  months  longer  to  stay. 

I  am  unable  to  say  in  what  condition  of  health  he  entered  the 
prison. 

William  Knowlton,  a  native  of  Worcester  county,  died  in 
June,  of  the  present  year,  aged  twenty-three  years  ;  also  of  con¬ 
sumption.  He  had  been  sentenced  here  for  life,  for  murder,  his 
sentence  having  been  commuted  from  death,  by  the  Executive. 
He  did  not  survive  his  imprisonment  here  but  four  months,  be¬ 
ing  so  seriously  ill  when  he  came  as  never  to  be  able  to  labor, 
or  leave  the  hospital,  but  for  a  few  days. 

William  H.  Merrow,  also  died  of  consumption,  at  the  age  of 
twenty-seven.  He  was  a  native  of  Maine.  He  had  been  here 
but  six  months  upon  a  sentence  of  ten  years;  but  was  a  man  of 
feeble  constitution. 

Several  circumstances  affecting  the  health  of  the  prisoners, 
and  connected  with  the  results  which  are  above  reported,  de¬ 
serve  special  notice. 

In  the  first  place,  the  over  crowded  condition  of  every  part  of 
the  prison  during  the  past  year,  which  the  contemplated  addi¬ 
tion  to  the  present  buildings  is  designed  to  relieve,  has  operated 
to  the  disadvantage  of  the  physical  well-being  of  the  convicts. 
The  number  of  prisoners  has  been  so  much  greater  than  the 
number  of  cells,  that  six,  and  even  seven,  have  occupied  a  sin¬ 
gle  cell,  throughout  the  old  prison ;  and  in  the  hospital,  every 
bed  has  been  assigned  to  some  convict,  till  it  was  required  for 
the  sick.  As  the  remedy  for  these  evils  is  being  applied  as  rap¬ 
idly  as  practicable,  I  think  it  unnecessary  to  make  any  further 
allusion  to  them,  than  to  say  that  I  regard  it  as  extremely  fortu¬ 
nate  that  we  have  thus  far  escaped  any  epidemic. 

Besides  the  serious  injury  to  ventilation,  of  having  the  work¬ 
shops  and  cells  so  greatly  crowded  as  they  have  been  at  all  times 
the  past  year,  the  warden  has  felt  it  necessary,  in  consequence  of 
this  great  increase  of  numbers,  and  the  disordered  state  of  the 


38 


STATE  PRISON. 


[Jan.  1851. 


prison  premises,  to  cut  off  a  class  of  sedentary  operatives  from 
an  allowance  of  exercise  in  the  open  air,  which  they  have  for  a 
few  years  past  enjoyed  to  their  great  advantage.  I  refer  to  a 
privilege  which  the  tailors,  shoemakers,  and  other  laborers  en¬ 
gaged  in  confining  employments,  have  had  extended  them,  of 
walking  in  the  yard  fifteen  or  twenty  minutes,  at  some  time 
during  the  day.  This  has  been  discontinued,  in  consequence 
of  the  danger  of  escapes,  and  the  difficulty  of  preventing  im¬ 
proper  communication  between  the  convicts. 

Another  matter  operating  to  the  disadvantage  of  the  health  of 
the  convicts  during  the  past  year,  but  which  I  hope  is  now  in 
the  process  of  removal,  has  been  the  mode  of  inflicting  the  pun¬ 
ishment  of  solitary  confinement  upon  refractory  convicts.  In 
my  last  annual  report,  I  took  the  liberty  of  calling  attention  to 
this  subject,  and  described  the  mode  in  which  these  cells  are  oc¬ 
cupied,  for  punishment ;  and  remarked,  that  with  the  present 
construction  of  the  cells,  now  used  for  this  purpose,  it  needed 
no  physician’s  opinion  to  settle  the  question  of  its  injurious 
effect  upon  the  health  of  those  subjected  to  it.  As  the  additions 
to  the  buildings,  now  contemplated,  are  intended  to  furnish  a 
sufficient  number  of  cells,  and  of  suitable  dimensions,  for  the 
separate  confinement  at  all  times  of  such  refractory  convicts,  I 
trust  the  occasions  of  resorting  to  such  confinement  as  is  now 
inflicted  for  this  purpose,  will  be  infrequent. 

During  the  past  year,  three  convicts  have  been  removed 
to  the  State  Lunatic  Hospital,  by  a  vote  of  the  commissioners  of 
lunacy.  One  of  them  became  insane  while  at  the  prison,  the 
other  two  came  here  laboring  under  the  disease.  It  is  worthy 
of  remark,  that  no  case  previous  to  these  has  required  the  de¬ 
cision  of  the  board  since  May,  1848. 

Respectfully  submitted, 

JON  A.  W.  BEMIS, 

Physician  of  the  Massachusetts  State  Prison . 

Charlestown ,  December ,  1850 


